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(영문) 청주지방법원 2020.12.22 2020고단51
특수상해등
Text

A defendant shall be punished by imprisonment for not less than eight months.

except that the execution of the above punishment shall be suspended for two years from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

At around 01:00 on December 2, 2019, the Defendant reported that the victim D(28 years of age) was under the influence of alcohol in a 'C' restaurant located in Cheongju-si, Seowon-si, Cheongju-si, and when the Defendant was unsured on the grounds that the Defendant was unsured, the Defendant took the son’s disease on his hand, which is a dangerous article on the te (24 years of age), into the head of the victim E (24 years of age), laid the son’s disease on his hand, took the son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s k

After all, the Defendant carried dangerous things with the victim D, who did not have two weeks of medical treatment, and assaulted the victim E.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of each police statement of E and D;

1. Application of Acts and subordinate statutes of the injury diagnosis certificate;

1. Relevant provisions of the Criminal Act and Articles 258-2 (1), 257 (1) (a point of special injury), and 261 and 260 (1) (a point of special violence and choice of imprisonment) of the Criminal Act concerning the crime;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. It is necessary to strictly punish the Defendant inasmuch as each of the crimes of this case using a sentry at the time of assaulting the reason for sentencing under Article 62(1) of the Criminal Act in the suspension of execution is not only dangerous but also causing injury as a result of such assault.

However, in full view of all the circumstances shown in the records and arguments of this case, including the fact that the defendant recognized each of the crimes of this case and reflected the mistake, the fact that the defendant agreed with the victims after the closing of argument, the fact that the defendant has no criminal record for the same kind of crime, and other circumstances shown in the records and arguments of this case, such as the age, character and conduct

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